Law à la Mode: The dangers of unused trademarks; demonstrating reputation; lowering the cost of retail rent in Hong Kong; Brexit update; and more

Special Edition - INTA 2017

The Belgian editorial team is delighted to bring you this
special edition of Law à la Mode, marking the 139th INTA
Annual Meeting in Barcelona.

Just some of the focuses for this special edition include
the dangers of unused trademarks, following the
news in February this year that the Supreme Court of
New Zealand has revoked registration of one of the
Lacoste crocodile trademarks, on the basis that the brand
had not made genuine use of the trademark for over
three years (page 5).

Our French team considers how the European Trademark
Reform (adopted in late 2015) strengthened the
protection of well-known and famous trademarks (page 8).
In contrast, at the beginning of this issue, our Australian
colleagues provide an insight into the specific issues faced
by generic names and marks (page 4).

Native advertising has captivated the attention of the
U.S. Federal Trade Commission (FTC) and marketers
alike for its ability to blur the lines between editorial and
commercial content. Our US colleagues therefore provide
5 tips for navigating native advertising (page 7).

High rents and 24 months of declining retail sales have left
retailers in Hong Kong feeling the chill of a severe winter.
Many tenants have found themselves tied into leases well
above market values, as Hong Kong’s notoriously landlordfriendly
leases make it hard to renegotiate terms in the
event of an economic downturn. Our Hong Kong lawyers
are happy to help you find possible solutions (page 9).

We hope you enjoy this edition of Law à la Mode.

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In this issue

The Supreme Court of New Zealand has revoked registration of one of
the Lacoste crocodile trademarks, on the basis that Lacoste had not made
genuine use of the particular trademark for over three years.
This decision is extremely significant for
brand-dependent traders in New Zealand and is a reminder about good
practice for traders elsewhere.

A recent French case law reminds us that
defending trademarks with reputation
is far from being an easy task and that courts
are not particularly complacent about
trademark owners’ reputational claims.

Hong Kong’s notoriously landlord-friendly leases make it hard to renegotiate terms during an economic
downturn, tying many tenants into leases well above market values. The territory’s high rents, added to
24 months of declining retail sales, have left retailers in Hong Kong feeling the chill.
Many tenants may wish to look beyond their contractual rights and obligations to find a commercial
solution. In such difficult circumstances, there are six options retailers could consider.

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DLA Piper is a global law firm with lawyers located in more than 40 countries throughout the Americas, Europe, the Middle East, Africa and Asia Pacific, positioning us to help clients with their legal needs around the world.

DLA Piper is a global law firm with lawyers located in more than 40 countries throughout the Americas, Europe, the Middle East, Africa and Asia Pacific, positioning us to help clients with their legal needs around the world.